SC: States can regulate industrial alcohol
In 1997, the seven-judge bench ruled that the Centre had the regulatory power over the production of industrial alcohol. The case was referred to the nine-judge bench in 2010
PTI

New Delhi, 23
Oct
In an 8:1
majority ruling, the Supreme Court on Wednesday overturned a seven-judge bench
verdict and held that states have regulatory power over production, manufacture
and supply of industrial alcohol.
In 1997,
the seven-judge bench ruled that the Centre had the regulatory power over the
production of industrial alcohol. The case was referred to the nine-judge bench
in 2010.
Chief
Justice DY Chandrachud, who wrote the latest judgement for himself and seven
other judges, said the Centre lacks the regulatory power.
Justice BV
Nagarathna on the nine-judge SC bench dissented with the majority verdict.
Industrial
alcohol is not meant for human consumption.
While Entry
8 in the State List under the 7th Schedule of the Constitution gives the states
the power to legislate on the manufacture, possession, transport, purchase and
sale of "intoxicating liquors", Entry 52 of the Union List and Entry
33 of the Concurrent List mention industries whose control was "declared
by Parliament by law to be expedient in public interest".
While both
parliament and state legislatures can enact laws on the subjects mentioned in
the Concurrent List, a central law will have primacy over the state law.
The
nine-judge Constitution bench was hearing a batch of petitions after a
seven-judge Constitution bench ruled against the state governments.-PTI
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